Specific legal regulation of individual type of medical aspects

Theme 5. Specific
features of legal
regulation of individual
types of
medical activity

Plan.
1. Transplantation of human organs and tissues.
2. Donation of blood and its components.
3. Legal regulation of protection of health of
mother and child, family issues
and reproductive health.
4. The legal basis of medical examination and
medical survey.
5. Medical activities implemented in connection
with the death of the person.
6. The legal basis for the provision of psychiatric
care.
7. Legal regulation of traditional medicine.
8. Legal aspects of euthanasia.

1. Transplantation of organs and tissues.
In accordance with the Federal Law of November 21,
2011 N 323-FZ "On the basis of health protection in the
Russian Federation" (at. 47) allowed the removal of
organs and tissues for transplantation. This matter is
regulated by the Federal Law of December 22, 1992 N
4180-I "On the transplantation of organs and (or)
tissues." Under this legislation transplantation
(transplant) human organs and tissue from a living
donor or a cadaver can be applied only when other
treatments can not ensure the preservation of the
patient's life ( recipient) or the recovery of his health.

Objects transplantation could be:
heart, lung, kidney, liver, bone
marrow and other organs and (or)
tissue. Prohibited the removal of
organs, parts and tissues that are
relevant to the process of human
reproduction, which include
reproductive tissue (egg, sperm,
ovaries, testes or embryos), as well
as blood and blood components.

Organs and tissues for transplantation
(transplant) from a living donor is allowed only
on the conclusion of the medical commission of
medical organizations and with appropriate
medical specialists, structured in the form of
minutes, his health of the donor will not be
sustained significant damage. Organs and tissues
is not allowed from a living person who has not
attained the age of eighteen (except bone
marrow) or incapacitated and is allowed only if it
is informed consent.

Organs and (or) tissue from a living donor transplant
recipient is subject to the following conditions:
• if the donor is notified of possible complications to
his health for the upcoming surgery for removal of
organs and (or) tissues;
• if the donor is freely and in writing agreed to the
removal of their organs and (or) tissues;
• . if the donor has passed a comprehensive medical
examination and findings of the panel there are
specialist doctors about the possibility of removal
from the organs and (or) tissues for
transplantation.

Withdrawal from a living organ donor is allowed if it is a genetic link
to the recipient, unless a bone marrow transplant.
Donor has agreed to transplant their organs and
(or) tissues, to:
require health care information about possible complications to his
health for the upcoming surgery for removal of organs and (or)
tissues;
receive free medical treatment, including medication, in a health
facility in connection with the operation.

In case of death of a minor or
incompetent, the removal of organs
and tissues may be requested on the
basis of the consent of a parent.
Organs and tissues for
transplantation (transplant) may be
withdrawn from the body after death
has been.

Transplantation (transplant)
human organs and tissues is
allowed with the informed
consent of the recipient a
competent adult, and juvenile
and incompetent recipient - if the
informed consent of a parent or
other legal representative.

2.Donorship of blood and blood
components.
July 20, 2012, a new Federal Law "On the donation
of blood and blood components» № 125-FZ. This
law establishes the legal, economic and social
framework of donor blood and blood products in
the Russian Federation in order to organize the
procurement, storage, transportation of blood and
its components, to ensure its safety and clinical use,
as well as the health of donors of blood and blood
components, recipients and protection of their
rights.

Blood donation and (or) its components based on
the following principles:
1) the safety of donated blood and blood components;
2) voluntary blood donation and (or) its components;
3) preservation of health of the donor, in carrying out the functions
of donor;
4) provision of social support and respect for the rights of donors;
5) Encourage and support the altruistic donation of blood and (or)
its components.

The donor may be a competent person who is
a citizen of or resident in the territory of the
Russian Federation legally for at least 1 year of
a foreign citizen or a stateless person who has
reached the age of 18 or has acquired full legal
capacity to adulthood, who has expressed a
desire to voluntarily donate blood and (or) its
components elapsed voluntary medical
examination, no medical contraindications to
donation, and (or) its components.

Donor has the right to:
1) The delivery of blood and (or) its components free of charge
or for a fee, in accordance with the law;
2) protection of the state's rights and health;
3) Presenting the results of his medical examination;
4) are fully informed of the possible consequences of donation,
and (or) its components to health;
5) free medical care in accordance with established standards of
its provision in cases of his reactions and complications related
to the implementation of donor functions;
6) compensation for the harm caused to the life or health in
connection with donor functions;
7) social support provided by this Federal Law, the regulations of
the subjects of the Russian Federation and municipal
regulations.

Donor for donor function must:
1) to present a passport or other identification document;
2) to report certain information about his past infectious
diseases, being in contact with infectious patients, stay in
areas where there is a risk of occurrence and (or)
distribution of mass infectious diseases and epidemics, of
the use of narcotic drugs, psychotropic substances, work
with hazardous and (or) hazardous working conditions, as
well as vaccinations and surgical procedures performed
during the year prior to the date of blood and (or) its
components;
3) a medical examination.

In order to control in the field of blood and
(or) its components are made in Russia to
create and maintain the database of donor
blood and its components, which are
introduced biometric personal data of
donors and in which they are processed in
the presence of his or her consent in
writing.

3. Regulation of the protection of the health of
mother and child, family, and reproductive
health
Federal Law "On the basis of health
protection in the Russian Federation"
establishes the rights of the family in
the field of health (Article 51):

1)Every citizen has the right to medical consultation without
charge on family planning, the availability of social diseases
(tuberculosis, hepatitis, cancer, diabetes, etc.) and diseases that
pose a danger to others (HIV infection, helminthosis, diphtheria,
malaria, etc.), for the medical and psychological aspects of family
relations, as well as health and other genetic counseling and
testing in medical organizations in the public health system to
prevent possible hereditary and congenital diseases in the
offspring;
2) The father of the child or other family member has the right
with the consent of a woman considering her condition present
at birth, except for operative delivery, in the presence of
obstetric institutions relevant conditions (individual ancestral
halls) and the absence of the father or other family member
infectious diseases. Realization of this right shall be without
charge to the child's father or other family member;

3) one of the parents, other family member or other legal
representative shall be entitled to a free being together with
your child in a healthcare organization in providing him
medical treatment in a hospital for the duration of treatment,
regardless of age. When sharing in health care organizations
in a hospital with a child until the age of four years and older
with a child of that age - when medically fee for the creation
of conditions of stay in hospital, including for the provision of
bed and meal, with these individuals are not allowed.

The birth of a child is the moment of separation of the fetus
from the mother through the birth. At the birth of a living
child health organization in which there have been births,
with a document set form. Medical birth certificate issued for
babies born alive at 22 weeks gestation or more at birth
weight 500 grams or more (or less than 500 grams with
multiple births), or if the child's weight at birth is unknown,
with a body length born 25 cm or more in the presence of a
newborn signs of live birth (breathing, heartbeat, umbilical
cord pulsation or voluntary movement of muscles regardless
of the umbilical cord is cut and separated a placenta) in
accordance with the order of the Ministry of Health and
social Development of the Russian Federation of December
27, 2011 N 1687n "On the medical criteria of birth, form of
the birth and the procedure for its issuance."

In the field of health minors have the
right to:
• 1) a medical examination, including
admission to educational institutions
in the period of study in them, in
physical education and sports, and
the passage of medical examination,
medical check-up, medical
rehabilitation, medical care, including
the period of training and education
in educational institutions;
2) the provision of medical care
during the healing and organized
recreation in accordance with the
order of the Ministry of Health and
Social Development of the Russian
Federation of April 16, 2012 N 363n
"On approval of the provision of
medical assistance to minors during
the recovery and organized
recreation;
• 3) health education, training and
work in conditions that are
appropriate to their physiological and
medical conditions and excluding the
impact on them of adverse factors;
4) medical consultation at no charge
to determine suitability in the
manner and on the terms established
by the state authorities of the
Russian Federation;
5) to obtain information about the
state of health in the form available
to them.

Surrogate motherhood is a nurturing
and child birth (including preterm birth)
by contract between the surrogate
mother (woman, carries the fetus after
the transfer of donated embryos) and
potential parents whose gametes were
used for fertilization, or a single
woman, for whom child bearing and
the birth of a child can not for medical
reasons.

Surrogate mother can be a woman aged 20
to 35 years, with at least one healthy own
child, received a medical certificate of good
health, gave written informed voluntary
consent to medical intervention. The
woman, who is married can be a surrogate
mother only with the written consent of the
spouse. A surrogate mother can not be
both a donor egg.

Abortions performed at the request of women with
gestational age of 12 weeks.
Abortion is performed:
1) no earlier than 48 hours after treatment, women
in the medical organization for abortion:
a) In the fourth stage of pregnancy - the seventh
week;
b) if the pregnancy eleven - twelve weeks, but no
later than the end of the twelfth week of pregnancy;
2) no earlier than seven days after the treatment of
women in the organization for medical abortion in
pregnancies eight - ten weeks of pregnancy.

Abortion for social reasons is carried out
for pregnancies up to 22 weeks.
When medically - regardless of gestational
age.
According to the Government Decree of
February 6, 2012 № 98 "On the social
reasons for abortion" social reasons for
abortion is pregnancy, which came as a
result of the commission of an offense
under article 131 of the Criminal Code
(rape).

Medical sterilization as a special medical
intervention in order to prevent the
possibility of reproducing offspring, or as a
method of contraception may be made
only upon the written request of a citizen
over the age of 35 years or citizen who has
at least two children, and when medically
informed and voluntary consent of the
citizen - regardless of age, and children.

The list of medical indications for
medical sterilization is determined
by Order of the Ministry of Health
and Social Development of the
Russian Federation of December 3,
2007 N 736 "On approval of the list
of medical indications for
abortion."

4. Legal basis for medical examination and medical
examination

Specific legal regulation of individual type of medical aspects

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